Kinds of Delivery of Corporeal Property (Traditional)

Article 1477. The ownership of the thing sold shall be transferred to the
vendee upon the actual or constructive delivery thereof. (n)
(a) Actual [Real or Material]
 
Article 1497. The thing sold shall be understood as delivered, when it is
placed in the control and possession of the vendee. (1462a)
(b) Constructive [Symbolic or Formal]
(c) Delivery by the Execution of a Public Instrument
Article 1498.(1) When the sale is made through a public instrument,
the execution thereof shall be equivalent to the delivery of the thing
which is the object of the contract, if from the deed the contrary does
not appear or cannot clearly be inferred.
(d) Tradition Longa Manu
Article 1498.(2) With regard to movable property, its delivery may also
be made by the delivery of the keys of the place or depository where
it is stored or kept. (1463a)
Article 1499. The delivery of movable property may likewise be made
by the mere consent or agreement of the contracting parties, if the
thing sold cannot be transferred to the possession of the vendee at
the time of the sale, or if the latter already had it in his possession for
any other reason. (1463a)
(e) Tradition Brevi Manu
Article 1499. The delivery of movable property may likewise be made
by the mere consent or agreement of the contracting parties, if the
thing sold cannot be transferred to the possession of the vendee at
the time of the sale, or if the latter already had it in his possession for
any other reason. (1463a)
(f) Tradition Constitutum Possessorium
Article 1500. There may also be tradition constitutum possessorium.
(n)
 
tradition constitutum possessorium – This type is the opposite of tradio
brevi manu since the delivery happens when the seller continues in
possession of the property already sold not as the owner but in
another capacity. The delivery of the buyer already takes place by
mere agreement of the parties. Such as when the seller remains a
tenant of the buyer
(g) Delivery to the common carrier
Article 1503. When there is a contract of sale of specific goods, the
seller may, by the terms of the contract, reserve the right of possession
or ownership in the goods until certain conditions have been fulfilled.
The right of possession or ownership may be thus reserved
notwithstanding the delivery of the goods to the buyer or to a carrier
or other bailee for the purpose of transmission to the buyer.
Where goods are shipped, and by the bill of lading the goods are
deliverable to the seller or his agent, or to the order of the seller or of
his agent, the seller thereby reserves the ownership in the goods. But,
if except for the form of the bill of lading, the ownership would have
passed to the buyer on shipment of the goods, the seller’s property in
the goods shall be deemed to be only for the purpose of securing
performance by the buyer of his obligations under the contract.
Where goods are shipped, and by the bill of lading the goods are
deliverable to order of the buyer or of his agent, but possession of the
bill of lading is retained by the seller or his agent, the seller thereby
reserves a right to the possession of the goods as against the buyer.
Where the seller of goods draws on the buyer for the price and
transmits the bill of exchange and bill of lading together to the buyer
to secure acceptance or payment of the bill of exchange, the buyer
is bound to return the bill of lading if he does not honor the bill of
exchange, and if he wrongfully retains the bill of lading he acquires
no added right thereby. If, however, the bill of lading provides that the
goods are deliverable to the buyer or to the order of the buyer, or is
indorsed in blank, or to the buyer by the consignee named therein,
 
one who purchases in good faith, for value, the bill of lading, or goods
from the buyer will obtain the ownership in the goods, although the
bill of exchange has not been honored, provided that such purchaser
has received delivery of the bill of lading indorsed by the consignee
named therein, or of the goods, without notice of the facts making
the transfer wrongful. (n)
Article 1523. Where, in pursuance of a contract of sale, the seller is
authorized or required to send the goods to the buyer, delivery of the
goods to a carrier, whether named by the buyer or not, for the
purpose of transmission to the buyer is deemed to be a delivery of the
goods to the buyer, except in the cases provided for in article 1503,
first, second and third paragraphs, or unless a contrary intent appears.
Unless otherwise authorized by the buyer, the seller must make such
contract with the carrier on behalf of the buyer as may be
reasonable, having regard to the nature of the goods and the other
circumstances of the case. If the seller omit so to do, and the goods
are lost or damaged in course of transit, the buyer may decline to
treat the delivery to the carrier as a delivery to himself, or may hold
the seller responsible in damages.
Unless otherwise agreed, where goods are sent by the seller to the
buyer under circumstances in which the seller knows or ought to know
that it is usual to insure, the seller must give such notice to the buyer as
may enable him to insure them during their transit, and, if the seller fails
to do so, the goods shall be deemed to be at his risk during such
transit. (n)
Article 1582. The vendee is bound to accept delivery and to pay the
price of the thing sold at the time and place stipulated in the contract.
If the time and place should not have been stipulated, the payment
must be made at the time and place of the delivery of the thing sold.
(1500a)
 
(h) When Goods are in possession of a third person
Article 1521. (3) Where the goods at the time of sale are in the
possession of a third person, the seller has not fulfilled his obligation to
deliver to the buyer unless and until such third person acknowledges
to the buyer that he holds the goods on the buyer’s behalf.
F) Quality/Quantity
Article 1481. In the contract of sale of goods by description or by
sample, the contract may be rescinded if the bulk of the goods
delivered do not correspond with the description or the sample, and
if the contract be by sample as well as description, it is not sufficient
that the bulk of goods correspond with the sample if they do not also
correspond with the description.
Article 1522. Where the seller delivers to the buyer a quantity of goods
less than he contracted to sell, the buyer may reject them, but if the
buyer accepts or retains the goods so delivered, knowing that the
seller is not going to perform the contract in full, he must pay for them
at the contract rate. If, however, the buyer has used or disposed of
the goods delivered before he knows that the seller is not going to
perform his contract in full, the buyer shall not be liable for more than
the fair value to him of the goods so received.
Where the seller delivers to the buyer a quantity of goods larger than
he contracted to sell, the buyer may accept the goods included in
the contract and reject the rest. If the buyer accepts the whole of the
goods so delivered, he must pay for them at the contract rate.
Where the seller delivers to the buyer the goods, he contracted to sell
mixed with goods of a different description not included in the
contract, the buyer may accept the goods which are in accordance